RadioBanter - F.A. Mint Ranger RCI-2950

(Richard Cranium) wrote:
The Ranger is a 10 meter radio, which can be modified to operate on
the 12 meter ham band as well. Anything else is pure speculation on
your part, dimbulb.

ROTFLMFAO how dense can you be Oh I forgot your the same dickhead
cranium who said there were no CBers on the 10M band....

ILLEGAL CB TRANSCEIVER LIST

The FCC's Office of Engineer and Technology (OET) has evaluated the
devices listed below and has concluded that these devices are not only
amateur transceivers but can easily be altered for use as Citizens
Band (CB) transceivers as well. As such, OET has further concluded
that these devices cannot legally be imported or marketed within the
United States for the reasons discussed below. Further, the FCC
General Council has issued a decision in a specific case involving one
manufacturer and has concluded that dual use CB and amateur radios of
the kind at issue may not be approved under the Commission's rules and
are in violation of several rules including the RF power level limits
of 47 CFR 95.639. (letter from Christopher J. Wright, FCC-OGC to John
F. Atwood, US Customs Service, dated May 17, 1999).

Transceivers used in the Amateur Radio Service below 30 MHz do not
require FCC authorization prior to being imported into or marketed
within the United States, but transceivers for other services,
including the CB Radio Service (CB), do require Commission approval.
The transceivers listed herein and other similar models operate in the
amateur "10-meter band" and are often referred to as "10-meter" radios
or "export" radios. The amateur 10-meter band uses frequencies that
are very close to the channels set aside for use in the CB service.
Some of the transceivers that manufacturers call "10-meter" radios
either operate on CB frequencies as manufactured and imported or are
designed such that internal circuits can readily be activated by a
user, a service technician or a dealer to operate on CB frequencies.
According to Section 95.603(c) of the Commission's rules, a CB
transmitter is a transmitter that operates or is intended to operate
at a station authorized for the CB service. 47C.F.R. § 95.603(c).
The Commission's equipment authorization experts in the FCC Laboratory
have determined that the transceivers listed herein and other similar
models at issue here are intended for use on the CB frequencies as
well as those in the amateur service because they have built-in
capability to operate on CB frequencies. This capability can be
readily activated by moving or removing a jumper plug, cutting or
splicing a wire, plugging in a connector, or other simple means.
Thus, all the transceivers listed herein and similar models fall
within the definition of a CB transmitter. See 47C.F.R. § 95.603(c).
A CB transmitter must be certificated by the FCC prior to marketing or
importation. 47 C.F.R. §§ 95.603(c); 2.803.

Moreover, the dual use CB and amateur radios of the kind at issue here
may not be certified under the Commission's rules. Section 95.655(a)
states: "….([CB] Transmitters with frequency capability for the
Amateur Radio Services … will not be certificated.)" See also
Amendment of Part 95, Subpart E, Technical Regulations in the Personal
Radio Services Rules, FCC 88-256, 1888 WL 488084 (August 17, 1988).
This clarification was added to explicitly foreclose the possibility
of certification of dual use CB and amateur radios, see id, and
thereby deter use by CB operators of frequencies allocated for amateur
radio use.

In addition, the Commission's equipment authorization experts have
determined that these devices violate or appear to violate a number of
the rules governing CB devices. For example, they may use emission
types not permitted, or emit RF power at a level in excess of the
levels permitted in the CB radio service. See 47 C.F.R. § 95.639.

In view of the foregoing, the following "10-meter" transceivers are
not acceptable for importation or marketing into/within the United
States. Importation and marketing of these units is illegal pursuant
to Section 302(b) of the Communications Act and Section 2.803 of the
rules. Willful violations of the Rules and the Act may subject the
violator to a monetary forfeiture of not more than $11,000 for each
violation or each day of a continuing violation. The Commission
continues to review this type of equipment, and additional makes and
models may be added to this list in the future.

LIST OF TRANSCEIVERS
ILLEGAL TO IMPORT OR MARKET

GALAXY - models: DX33HML, DX 44V, DX55V, DX66V, DX 73V, DX 77HML, DX
88HL, DX99V and Saturn Turbo

CONNEX - models: 3300, 3300HP-ZX, 3300 PLUS and CX-3800

MIRAGE - models: 44, Galaxy 88, 9900 and 2950EX

NORTH STAR - models: NS-3000 and NS-9000

PRESIDENT - models: Grant, J.F.K., Jackson and Lincoln

PRO STAR - model: 240

RANGER - models: AR-3500 and RCI-2950

TEK - model: HR-3950

UNIDEN - models: HR-2510 and HR-2600

SUPER STAR - model: 121

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of )

)

Palco Electronics, Inc. ) File No. EB-04-DT-062

)

Southgate, Michigan ) Citation No. C20043236003 )

CITATION

Released: February 20, 2004

By the Enforcement Bureau, Detroit Office:

1.

This is an official Citation issued pursuant to Section 503(b)(5) of
the
Communications Act of 1934, as amended ("Act"), to Palco Electronics,
Inc.
("Palco") for violation of Section 302(b) of the Act, and Section
2.803(a)(1) of the Commission's Rules ("Rules").

2..

On February 10, 2004, Palco offered for sale at their store located at
18676
Eureka Road, Southgate, Michigan, the following non-certified Citizens
Band
("CB") transceivers:

NAME MODEL COST

President Lincoln $269.99

Ranger Communications American Spirit (SS-3900 EGHPA) $199.99

Ranger RCI 2950 DX $269.99

Ranger RCI 2970 DX $399.99

Ranger RCI 6900F Turbo $454.99

Ranger RCI 2985 DX $439.99

Ranger RCI 2995 DX $589.99

According to the Commission's records, these devices have not received
an
FCC equipment authorization which is required for Citizens Band
transmitters
marketed in the United States.

3.

Section 302(b) of the Act provides "No person shall manufacture,
import,
sell, offer for sale, or ship devices or home electronic equipment and
systems, or use devices, which fail to comply with regulations
promulgated
pursuant to this section." Section 2.803(a)(1) of the Rules provides
that ".
no person shall sell or lease, or offer for sale or lease (including
advertising for sale or lease), or import, ship or distribute for the
purpose of selling or leasing or offering for sale or lease, any radio
frequency device unless: (1) In the case of a device subject to
certification, such device has been authorized by the Commission in
accordance with the rules in this chapter and is properly identified
and
labeled.." Palco's offer for sale of these devices violates both
sections.

4.

Palco marketed these devices as amateur transceivers. The Commission
has
evaluated radiofrequency devices similar to those listed in paragraph
2 and
concluded that the devices at issue are not only amateur radios but
can
easily be altered for use as CB devices as well. A CB transmitter is a
transmitter that operates or is intended to operate at a station
authorized
for the CB service, and it must be certificated by the FCC prior to
marketing or importation. The Commission has further concluded that
these
devices fall within the definition of a CB transmitter and therefore
cannot
legally be imported or marketed in the United States. See Response
from the
Commission's General Counsel to U.S. Customs Service dated May 17,
1999, 14
FCC Rcd 7797 (1999).

5.

Additionally, dual use CB and amateur radios of the kind at issue here
may
not be certificated under the Commission's rules. Section 95.655(a) of
the
Rules states "..([CB] Transmitters with frequency capability for the
Amateur
Radio Services..will not be certificated." See also FCC 88-256, 1988
WL488084 (August 17, 198 . This clarification was added to explicitly
foreclose the possibility of certification of dual use CB and amateur
radios, see id., and thereby deter use by CB operators of frequencies
allocated for amateur radio use.

6.

Furthermore, the Commission has revised Section 2.1204(a)(5) of its
Rules to
prohibit all marketing and/or offering for sale in the United States
of such
devices even when the purchaser(s) had provided assurances that the
transceivers are being bought solely for export. ALL DOMESTIC
MARKETING OF
SUCH DEVICES VIOLATES THE COMMUNICATIONS ACT OF 1934, AS AMENDED, AND
THE
COMMISSION'S RULES.

7.

In addition to the marketing of the non-certified transceivers
addressed
above, Palco is hereby warned that Section 302(b) of the Act and
Section
2.815(c) of the Rules requires FCC Type Acceptance (or Certification)
of
External Radio Frequency Power Amplifiers (or amplifier kits) capable
of
operation on any frequency or frequencies below 144 MHz. Furthermore,
Section 2.815(b) of the Rules prohibits the marketing of External
Radio
Frequency Power Amplifiers (or amplifier kits) capable of operation on
any
frequency or frequencies between 24 and 35 MHz.

8.

Subsequent violations of the Communications Act and/or the
Commission's
Rules may subject the violator to substantial monetary forfeitures not
to
exceed $11,000 for each such violation or each day of a continuing
violation, seizure of equipment through in rem forfeiture action, and
criminal sanctions including imprisonment.

9.

Palco may request a personal interview at the Commission's Field
Office
nearest your place of business. The nearest office is the Detroit
Office,
24897 Hathaway Street, Farmington Hills, Michigan 48335-1552 , which
you may
contact by telephone at (24 471-5661. You must schedule this interview
to
take place within fourteen (14) days of the date of this Citation.
Alternatively, you may submit a written statement to the above address
within fourteen (14) days of the date of this Citation. Any written
statement should specify what actions have been taken to correct the
violations outlined above. Please reference case number EB-04-DT-062
when
corresponding with the Detroit Office.

10.

This Citation shall be sent First Class U.S. Mail and, Certified Mail,
Return Receipt Requested, to Palco Electronics, Inc., 18676 Eureka
Road,
Southgate, Michigan 48195.

11.

The Privacy Act of 1974 requires that we advise you that the
Commission will
use all relevant material information before it, including any
information
disclosed in your reply, to determine what, if any, enforcement action
is
required to ensure compliance. Any false statement made knowingly and
willfully in reply to this Citation is punishable by fine or
imprisonment
under Title 18 of the U.S. Code. Please be advised that if you choose
not to
respond to this Citation and a forfeiture is issued, your
unresponsiveness
will be considered in our assessment of a forfeiture amount.

FEDERAL COMMUNICATIONS COMMISSION

James A. Bridgewater

District Director

Detroit Office

47 U.S.C. § 503(b)(5)

47 U.S.C. § 302(b)

47 C.F.R. § §2.803(a)(1)

See 47 C.F.R, §§ 95.603(c), 2.803

47 C.F.R. § 95.655(a)

47 C.F.R. § 2.1204(a)(5) revised effective February 28, 2000

47 C.F.R. § 2.815(c)

47 C.F.R. § 2.815(b)

See 47 C.F.R. § 1.80(b)(3)

See 47 U.S.C. §§ 401, 501, 503, 510

P.L. 93-579, 5 U.S.C. § 552a(e)(3)

18 U.S.C. § 1001 et seq.

Federal Communications Commission

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Federal Communications Commission